Tyler v. State
Tyler v. State
Opinion of the Court
OPINION
Appellant Robert Marvin Tyler appeals his conviction for driving while intoxicated. After trial began and the trial court denied his motion to suppress evidence, appellant changed his plea to guilty. The trial court then found appellant guilty and assessed his punishment at 180 days in jail, probated for 15 months, and a $700 fine.- The trial court also certified appellant’s right to appeal. .
In a single issue, appellant contends that the trial court erred in denying his motion to suppress because the police officer who initiated the traffic stop leading to appellant’s arrest lacked reasonable suspicion for the stop, as his only information was from an allegedly anonymous citizen informant. We affirm.
Applicable Law
We review a trial court’s ruling on a motion to suppress evidence under a
Under the Fourth Amendment, a warrantless detention of a person that amounts to less than a full custodial arrest must be justified by a reasonable suspicion. Kerwick, 393 S.W.3d at 273. “[A] law enforcement officer’s reasonable suspicion that a person may- be involved in criminal activity permits -the officer to stop the person for- a brief time-and take additional steps to investigate further.” Hiibel v. Sixth Judicial Dist. Court, 542 U.S. 177, 185, 124 S.Ct. 2451, 159 L.Ed.2d 292 (2004). Reasonable suspicion to detain a person exists if an- officer has specific, articulable facts that, combined with rational inferences from those facts, would lead him or her to reasonably conclude that the person detained is, has been, or soon will be engaged in criminal activity. Kerwick, 393 S.W.3d at 273. These facts must show unusual activity, some evidence that connects the -detainee to the unusual activity, and some indication that the unusual activity is related to crime, but the likelihood of criminal activity need not rise to the level required for probable cause to arrest. .Id. at 273-74. The..test for.reasonable suspicion is an objective one that focuses solely on whether an objective basis exists for the detention and disregards the officer’s subjective intent. Id. at 274. A reasonable-suspicion determination must be based on the totality of the circumstances, and reasonable suspicion may exist .even if the circumstances presented are as consistent with innocent activity, as with criminal activity. Id.
The detaining officer need not be ■personally aware of every fact that objectively supports .a reasonable suspicion to detain; instead, the cumulative information known to cooperating officers at the time of the stop must be considered in determining whether reasonable suspicion exists. Derichsweiler v. State, 348 S.W.3d 906, 914 (Tex.Crim.App. 2011). A police dispatcher is generally regarded as a cooperating officer for purposes of this analysis. See id; LeCourias v. State, 341 S.W.3d 483, 488 (Tex.App.-Houston [14th Dist.] 2011; no pet.).
The Evidence
As mentioned, appellant did not request a hearing on his motion to suppress or object to the admission of any evidence until during the testimony of the State’s second witness. However, because the only issue raised on appeal challenges the trial court’s denial of the motion to suppress, we will confine bur review of the
The State’s second witness, Officer Clifford Goddard of the Humble Police Department, testified that on August 27, 2013, he responded to a report of “an assault occurring in [a] parking lot” of a particular establishment. He said that when he and another officer arrived at the parking lot, they observed a maroon pickup truck leaving the lot that matched the description given by the witness. The officers followed the truck and turned on then-lights and sirens. The driver of the truck, appellant, pulled into another parking lot and stopped. When the prosecutor began to ask questions regarding the result of field sobriety tests administered on appellant, defense counsel objected and renewed his motion to suppress evidence obtained as a result of the stop.
Application of Law to Facts
Appellant begins by asserting that although Poovey appeared and testified at trial, the information he provided to police prior to appellant’s detention should be treated as coming from an anonymous source. We agree. There was no evidence before the trial court at the time of the ruling on the motion to suppress to indicate that Poovey had given police his name or other information sufficient to identify him. Poovey should therefore be treated as an anonymous citizen informant for purposes of determining whether officers had a reasonable suspicion supporting appellant’s detention. See, e.g., Martinez v. State, 348 S.W.3d 919, 924-25 (Tex.Crim.App. 2011) (treating citizen informant caller as anonymous for purposes of reasonable suspicion analysis where evidence did not show that the caller’s identifying information was obtained prior to the stop); Nacu v. State, 373 S.W.3d 691, 694 (Tex.App.-San Antonio 2012, no pet.) (treating citizen informant as anonymous because she had not given officer her name prior to the officer’s detaining of defendant).
An anonymous tip, even an anonymous 911 call, may provide reasonable suspicion supporting an investigative detention if it demonstrates “sufficient indicia of reliability.” See Navarette v. California, - U.S. -, 134 S.Ct. 1683, 1688, 188 L.Ed.2d 680 (2014) (quoting Alabama v. White, 496 U.S. 325, 330, 110 S.Ct. 2412, 110 L.Ed.2d 301 (1990)). In Navarette, an anonymous 911 caller described a specific pickup truck that had just forced her off the road at a specific location. Id. at 1686-87. A short time later, a highway patrol officer observed a vehicle matching the description not far from the reported
Here, Poovey’s call illustrated many of the same indicia of reliability as did the informant’s call in Navarette. Poo-vey provided a detailed eyewitness description of suspicious activity likely related to a crime, i.e., an assault or tight in progress in a parking lot between a man and a woman with the man at one point appearing to choke the woman.
Under these circumstances, the trial court did not err in determining that reasonable suspicion existed to detain appellant based on specific, articulable facts that, combined with rational inferences from those facts, would lead officers to
We affirm the trial court’s judgment.
. There is some indication in Poovey's testimony that he subsequently learned that the two individuals he observed were both males.
. That Poovey may have subsequently learned that the two combatants were both male does not change the information known by police at the time of the stop. See State v. Mayorga, 901 S.W.2d 943, 945 (Tex.Crim.App. 1995); Williams v. State, 621 S.W.2d 613, 615 (Tex.Crim.App. 1981); see also Duronslett v. State, No. 14-96-00562-CR, 1997 WL 576373, at *2 (Tex.App.-Houston [14th Dist.] Sept. 18, 1997, no pet.) (not designated for publication) ("A reasonable suspicion to justify an investigative detention must be based upon reasonable and articulable facts, even if such facts are ultimately shown to be inaccurate or false.”).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.